Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2024 |
referred to people with disabilities |
Mar 24, 2023 |
referred to people with disabilities |
Assembly Bill A5972
2023-2024 Legislative Session
Sponsored By
SEAWRIGHT
Current Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
John T. McDonald III
George Alvarez
Karen McMahon
Jen Lunsford
multi-Sponsors
Jodi Giglio
2023-A5972 (ACTIVE) - Details
2023-A5972 (ACTIVE) - Summary
Provides for due process procedures for persons who currently are placed in New York state education department approved out-of-state residential schools pursuant to the education law and the federal individuals with disabilities education act who have received an offer for transitional care or certain care prior to becoming eligible to receive such care.
2023-A5972 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5972 2023-2024 Regular Sessions I N A S S E M B L Y March 24, 2023 ___________ Introduced by M. of A. SEAWRIGHT -- read once and referred to the Committee on People with Disabilities AN ACT to amend the mental hygiene law, in relation to due process procedures for certain persons who will become eligible to receive transitional care or certain care at a future date THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (e) of section 13.38 of the mental hygiene law, as amended by chapter 106 of the laws of 2015, is amended to read as follows: (e) 1. Upon making a determination that a person who is receiving transitional care or care pursuant to subdivision (g) of this section, OR WHO HAS RECEIVED AN OFFER FOR CARE FROM THE OFFICE PRIOR TO BECOMING ELIGIBLE TO RECEIVE TRANSITIONAL CARE OR CARE PURSUANT TO SUBDIVISION (G) OF THIS SECTION, can be appropriately cared for in an available adult care facility or service licensed, certified or approved by the office, and whose removal from a child care facility is not required on an expedited basis, the office shall notify in writing the person and the person's guardian, if one has been appointed, or another individual who has been involved in the care of the person and who may represent the person's interests, of the description of the proposed new place- ment, the availability of an administrative appeal to review the deter- mination and of the need to request such an appeal in writing within thirty days of the notice. If the person, guardian or other individual requests an administrative appeal within the time required, the office shall schedule a hearing providing no less than ten days notice to the objecting party and the commissioner or his or her designee shall issue a written determination to the objecting party within thirty days of the adjournment of the hearing, on whether the adult placement identified by the office is appropriate to the needs of the person and is available or will become available on an identified date certain. If the person, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08145-01-3
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